What Is Court of Protection?

A person may lose the mental capacity to manage their own affairs.

This could be because they have been involved in a car crash and have a brain injury, or because they have a condition such as Alzheimer’s disease or dementia, or because they have a birth injury, such as cerebral palsy.

Once a person has lost capacity their attorney can step in and manage things for them. However, sometimes a person hasn’t appointed an attorney before they lose capacity, or perhaps their attorney is no longer able to act. In that situation a deputy has to be appointed. 

A deputy is very similar to an attorney, but is appointed by the Court to look after the affairs of the person who has lost capacity (an attorney is appointed by the person needing one).

The Court of Protection is a special section of the Court which deals with applications relating to anyone who does not have the mental capacity to manage their affairs for themselves. So, if you wish to apply to become a deputy for someone, you must make an application to the Court of Protection. 

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The Court works hand in hand with the Office of the Public Guardian. This is a government office which has been set up to oversee the general management of the affairs of people lacking capacity. Therefore, once you are appointed as deputy for someone, your actions as deputy will be monitored by the Office of the Public Guardian. They generally require a deputy to fill in a return every year to say how they have spent the money of the person lacking capacity, and what decisions have been taken on that person’s behalf.

The purpose of the Office of the Public Guardian and the Court of Protection is to protect vulnerable people, make sure their affairs are properly looked after and that no-one takes advantage of the situation they are in.

If you would like to have a chat about your options or how we may be able to help you please contact a member of the team below, complete our call back form  or contact us directly at your local office.

Your Court Of Protection Team

Karen Pratt

Partner

Karen Stephanie Pratt is an equity partner and is head of the Court of Protection Department and joint head of our Wills, Trusts and Probate team alongside…

Sapna Tugby

Partner

Sapna worked as a mental health paralegal for Thaliwal Bridge solicitors, in Leicester. She obtained a LSC funded training contract, then worked for…

Stephen Williams

Partner

Stephen Williams is the head of the Court of Protection health and welfare department and specialises in community care, health and welfare and mental…

Holly Hirst

Associate

Holly graduated from Keele University in 2005 with an LLB in Law with English and completed her LLM Master of Laws at Durham University in 2006. Holly…

Simone Kent

Solicitor

Simone joined BHP Law in June 2016 during the course of her MLaw Exempting degree at Northumbria University. In the first semester of her final year,…

Melanie Morley

Solicitor

Law is Melanie’s second career, but over the last 18 years she has gained valuable experience working within the areas of construction, finance and…

Hannah Moffett

Paralegal

Hannah has worked within Wills, Trust & Probate for 6 years, running her own case load of files that varied greatly in nature. In 2017, Hannah qualified…

Emma Wood

Paralegal

Emma qualified as a paralegal and completed her police station accreditation before joining BHP Law’s Court of Protection team.…

Ruby Knapton

Trainee Legal Executive

Ruby began working at BHP Law in 2017 as an admin assistant in residential conveyancing. She quickly became fascinated by the legal profession and knew…

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